Safety advocates urge passage of hands-free cellphone law

AUSTIN, Texas - A Round Rock mom who lost her daughter to a distracted driver has joined an effort to create a statewide, hands-free phone law. 

The call to action was made at the state capitol by a group of roadway safety advocates.

What they're saying:

"Having to be on your phone all the time in the car is an addiction, just like drugs. It's a growing epidemic," said Karin Zaltsman who lost her daughter in a San Antonio crash.

Attempts to address that epidemic started more than 10 years ago. Several cities across Texas had ordinances restricting or outright banning cellphone use while driving. Austin was one of them. 

But at the state capitol, those local efforts, which were described as patch work and government overreach, were scaled back to a ban on texting while driving. The only total ban is in school zones during school hours.

"The current statewide texting bill, enacted in 2017, is a step in the right direction, but it's limited in what it prohibits," said Kara Thorp with AAA Texas. 

Allie's Way Act

The backstory:

SB 47 would amend the current law by restricting cell phone use in vehicles to only hands-free devices. It’s called the Allie’s Way Act.

"We could make history with this bill," said Jamie White.

Jamie White is involved in the reform effort because of what happened to her daughter, 2-year-old Allie. She was killed in a Round Rock parking lot back in 2019 while walking with her father.

"My husband was actually trying to pull her out of the way. This driver was so distracted that the kids in the back of her car were even screaming at her to get off the phone before she ran over my daughter in front of my husband," said White. 

Under current Texas law, a distracted driving charge is not limited to texting. There are several actions done while traveling behind the wheel that could cause a citation:

• Texting while driving
• Being sleepy.
• Eating and drinking.
• Putting on makeup/ brushing hair.
• Reaching for an object or a pet.
• Adjusting the radio.
• Talking to a passenger.

"Nationally, distracted driving kills over 3,300 people, or about nine people per day, including 400 Texans. In 2023. It also caused serious injury to 2,800 Texans.It's worth noting, however, that these numbers are likely significantly higher in reality, because when police are filling out their crash reports, it's unlikely that a driver is going to admit to being on their cell phone," said Thorp.

The Allie’s Way Act could make enforcement less subjective, according to safety advocates like Jamie White.

"This is senseless. So, this bill would save lives. It would produce the consequences needed because Allie's killer got nothing. Walked away, killed my child and walked away Scot-free. Something needs to happen," said White. 

What's next:

Twenty-nine states have "Hands-Free Laws" on the books. 

The Allie’s Way Act was filed by Senator Judith Zaffirini (D) Laredo, and is currently awaiting a hearing in the Senate State Affairs committee.